December 2011 HENDERSON PROPERTIES

HENDERSON PROPERTIES CURRENT NEWS

Scroll down to discover expert, educational information on Home Maintenance, Rental Property Investment, Community Association Management, and Real Estate Sales.

Henderson Properties, Charlotte’s premier full-service real estate company has a new look on the web.  If you haven’t had an opportunity to check out our new look, click here to visit HendersonProperties.com

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RENTAL PROPERTY MANAGEMENT DIVISION

The Landlords Duties Under The North Carolina Landlord Resident Act

Landlords in North Carolina have many requirements from federal, state and local governing bodies.  Most of these responsibilities are outlined in the lease contract that Henderson Properties signs with residents.  Here’s some information that was enacted a couple of years ago regarding the duties of landlords that you may be interested in.

Effective October 1, 2009:  Imminently Dangerous Conditions – landlords are required to repair or remedy any “imminently dangerous condition” once the landlord has actual knowledge of the condition or receives notice of it from the resident. According to the new law, the term “imminently dangerous condition” means any of the following:

• Unsafe wiring
• Unsafe flooring or steps
• Unsafe ceilings or roofs
• Unsafe chimneys or flues
• Lack of potable water
• Lack of operable locks on all doors leading to the outside
• Broken windows or lack of operable locks on all windows on the ground level
• Lack of operable heating facilities capable of heating living areas to 65 degrees Fahrenheit when it is 20 degrees Fahrenheit outside from November 1 through March 31
• Lack of an operable toilet
• Lack of an operable bathtub or shower
• Rat infestation as a result of defects in the structure that make the premises not impervious to rodents
• Excessive standing water, sewage, or flooding problems caused by plumbing leaks or inadequate drainage that contribute to mosquito infestation or mold

Although the landlord must repair such items whether or not the damage was caused by the resident, the new law specifically provides that the landlord may recover from the resident the reasonable cost of repairs that are the resident’s fault. This obligation applies to all residential leases, not just those entered into on or after October 1, 2009.

Effective January 1, 2010:  Smoke and Carbon Monoxide Detectors – landlords are  required to install  battery-operated or electrical carbon monoxide detectors on each level of any residential rental unit that has (1) a fireplace, (2) a fossil-fuel burning heater or appliance, or (3) an attached garage. The new law’s provisions regarding responsibility for repairs to carbon monoxide detectors and installation and replacement of batteries in battery-operated devices are the same as the current law regarding smoke detectors. This obligation applies to all affected leases, not just those entered into on or after January 1, 2010.

Henderson Properties is redefining excellence in Rental Property Management. We’re here with years of experience and smart business practices to help make your life easier!  Call 704.970.4145 or click here to discover what Henderson Rental Property Management can do for you.

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COMMUNITY ASSOCIATION DIVISION

Knowing But Not Acting

There is a concept in community association law called waiver and estopple. It suggests that when an association knows that a violation exists and chooses not to enforce the Covenants, Conditions & Restrictions (CC & R’s), the association may have waived its rights to require the owner to abide and is prevented from enforcement of the CC & R’s. Knowing about a violation can be either actual knowledge or can be imputed when a violation is so open and obvious that people in the community know of it but the association still ignores it.

Additionally, an association might have to allow a violation to exist if an owner asserts that he or she received approval for it, but doesn’t have proof. If the association fails to act for years, the courts may assume the owner received approval.

The moral of the story is that it’s important for associations to be diligent about enforcing their CC & R’s by inspecting all homes within the community as well as the common areas and to note all violations and take action when appropriate. Consistent, uniform enforcement of the CC & R’s by creating written violation policies and fine schedules will go a long way in having courts find in favor of an association if a violation issue ever gets that far.

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REAL ESTATE SALES DIVISION
 
Decorating For The Holidays

If the very thought of decorating your home for the holidays creates a sleigh full of unnecessary stress, grab yourself a giant mug of cocoa and take a deep breath. Whether you’re trying to sell your home during the holiday season, or not, the annual ritual of making your home a warm and welcoming place of celebration for your family, friends and potential buyers should be enjoyed. So try to relax and savor the process. Here are some steps to get your started.

According to Danielle Nanney, a Realtor/Broker with Henderson Properties, “Start by asking your family members to get involved. Let them describe their favorite decorations from past holiday seasons. Many decorators and professional stagers will suggest that you “skip the tree”. But, if your daughter’s favorite part of the holidays is decorating the tree, then decorate the tree. Just be sure you make plenty of room for it. Even if that means removing a chair or loveseat so the tree has adequate space to be enjoyed. Avoid placing the tree in the way of opening doors and in the natural traffic patterns of the room. Nothing is more frightening than the fear of the tree being knocked over.”

Keep it simple. Decorating means improving your home’s overall appeal and provides an opportunity to highlight points of interest.  Choose a few key areas of your home to feature. Front doors, fireplaces, and tabletops are the most commonly decorated places during the holidays. Just because you may have one of the largest snow globe collections on the block, please refrain from displaying all of them. Decorating your home, especially when it’s on the market for sale, should be subtle, not a distraction.

“Use and re-purpose items you already have in and around your home. Clear glass vases and candles can easily be blended into any holiday décor,” said Danielle. “Fill vases with holiday candy, ornaments or an extra strand of lights. Add warmth with nature-inspired decorations for depth including fruits, flowers and plants. Balance the outdoor and indoor décor by utilizing seasonal colors including poinsettias, holly berries and cranberries against the greenery. Pinecones from the yard and holly, evergreen or nandina branches make beautiful arrangements. Light those candles and use lots of them.”

For consistency sake, choose an all white, red, gold, silver or green color scheme. Selecting one color throughout will keep your eye focused on the holiday items and add a pop to any room. Also, we recommend limiting decorations to the main rooms. No need to add additional items to children’s rooms, bathrooms, and the busy kitchen area.

Finally, set the table for a holiday feast. Using your best serving pieces, full place settings including crystal goblets and dessert dishes will add more than a little holiday cheer. It will signal the beginning of the festivities. Forget perfection and stop obsessing. No one expects your home to look like it was featured in a magazine so stop expecting that of yourself. Create an environment that makes you smile, then enjoy it.

Happy Holidays!

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PROPERTY MAINTENANCE DIVISION

Winterize Your Home For The Holidays

Winterize your home as the holidays draw near and stay cozy as the temperature falls. Check these main items and you’ll have the basics covered as the seasons change and play havoc on our homes.

Insulation

Add insulation in the attic. If you can see the ceiling joists, you don’t have enough insulation. Shoot for a minimum of 12 inches of insulation in your attic and see the difference on your utility bill.

Furnace
Turn your furnace on to make sure it’s working, before the coldest weather descends. A strong, odd, short-lasting smell is natural when firing up the furnace in the autumn; simply open windows to dissipate it. But if the smell lasts a long time, shut down the furnace and call a professional. Throughout the winter you should change the furnace filters regularly (check them monthly).  A dirty filter impedes air flow, reduces efficiency, and could even cause a fire in an extreme case. Toss out the dirty filters; reusable electrostatic or electronic filters can be washed.

Air ducts
According to the U.S. Department of Energy, a home with central heating can lose up to 60% of its heated air before that air reaches the vents if ductwork is not well-connected and insulated, or if it must travel through unheated spaces. That’s a huge amount of wasted money, not to mention a chilly house. Ducts also should be vacuumed once every few years, to clean out the abundant dust, animal hair and other gunk that can gather in them and cause respiratory problems.

Chimney
Don’t put off your chimney needs. A chimney should be inspected before use each year. Ask for a Level 1 inspection, in which the professional examines the readily accessible portions of the chimney. Woodstoves should be swept more than once a year. The easiest protection for your chimney is a protective cap, with a screen, because it keeps out foreign objects (birds, tennis balls) as well as rain that can mix with the ash and eat away at the fireplace’s walls. Buy the chimney cap based on durability, not appearance. To keep out cold air, fireplace owners should keep their chimney’s damper closed when the fireplace isn’t in use. And for the same reason, woodstove owners should have glass doors on their stoves, and keep them closed when the stove isn’t in use.
Fans
Reversing your ceiling fan is a small tip that will push warm air downward and force it to recirculate, keeping you more comfortable. Here’s how you know the fan is ready for winter: As you look up, the blades should be turning clockwise.

Pipes
A burst pipe caused by a winter freeze is a nightmare. Prevent it before Jack Frost sets his grip: Before freezing nights hit, make certain that the water to your hose bibs is shut off inside your house (via a turnoff valve), and that the lines are drained.

Next, go looking for other pipes that aren’t insulated, or that pass through unheated spaces — pipes that run through crawlspaces, basements or garages. Wrap them with pre-molded foam rubber sleeves or fiberglass insulation, available at hardware stores. If you’re really worried about a pipe freezing, you can first wrap it with heating tape, which is basically an electrical cord that emits heat.

Alarms
This is a great time to check the operation — and change the batteries — on your home’s smoke detectors. Detectors should be replaced every 10 years, or to the manufacturer’s expiration date. And, check to see that your fire extinguisher is still where it should be, and still works.  Also, invest in a carbon-monoxide detector; every home should have at least one.

Gutters 
Once the leaves fall, remove them and other debris from your home’s gutters — by hand, by scraper or spatula, and finally by a good hose rinse — so that winter’s rain and melting snow can drain. Clogged drains can form ice dams, in which water backs up, freezes and causes water to seep into the house, the Insurance Information Institute says.  Also, make sure the downspouts are carrying water away from the house’s foundation, where it could cause flooding or other water damage.

Leaks
One of the best ways to winterize your home is to simply block obvious leaks around your house, both inside and out, experts say. The average American home has leaks that amount to a nine-square-foot hole in the wall, according to EarthWorks Group. First, find the leaks: On a breezy day, walk around inside holding a lit incense stick to the most common drafty areas: recessed lighting, window and door frames, electrical outlets. Then, buy door sweeps to close spaces under exterior doors, and caulk or apply tacky rope caulk to those drafty spots. Outlet gaskets can easily be installed in electrical outlets that share a home’s outer walls, where cold air often enters. Outside, seal leaks with weather-resistant caulk. For brick areas, use masonry sealer, which will better stand up to freezing and thawing. Even if it’s a small crack, it’s worth sealing up to discourage insects from entering your home.                                                      

Let the Henderson Properties Maintenance Team be your proactive partner in handling your preventative maintenance and home repair. We offer complete and affordable maintenance and repair services through our own in-house staff and extensive contractor contacts. The skilled maintenance technicians at Henderson Properties provide friendly service plus quality and value that can’t be beat, from a company that you know and trust. Let us work with you to maintain and preserve the value, beauty, and safety of your home. Click Here  to contact the Henderson Properties Maintenance Division or call us at 704-970-4154.

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